according to nozick, what sort of theory of justice does rawls develop? course hero

by Blanche Eichmann 8 min read

Full Answer

What is John Rawls theory of Justice?

In practice, Rawls’ justice ensures that all members share the same freedoms and that holding advantageous office or position is a prospect open to all. From the springboard of the original position, he employs a hypothetical tool, the veil of ignorance.

What is the difference between Rawls and Nozick's theory of society?

According to Rawls, “a society is properly arranged when its institutions maximize the net balance of satisfaction.” Nozick, on the other hand, presents a radical and distinctive position. He wrote Anarchy, State, and Utopia in response to Rawls’ A Theory of Justice.

What is Nozick’s theory of Justice?

He introduced in his first book Anarchy, State, and Utopia (1974) “the entitlement theory of justice” and stated that every human being shall possess what they are entitled to. Nozick said that every human being is born with a fundamental individual right.

Is Rawls’ theory of redress a historical theory?

Rawls’ theory of redress inherently cannot be a historical theory therefore, if any historical entitlement theory is proven to be just, Rawls’ theory is proven unjust. The burden of proof is on Rawls.

What is Nozick's main objection to Rawls theory?

Nozick's theories blatantly rejects the idea of any more extensive form of state such as those propagated by Rawls which calls for distributive justice i.e. through taxing individuals and redistributing them.

What is the theory of justice according to John Rawls?

In A Theory of Justice, Rawls argues for a principled reconciliation of liberty and equality that is meant to apply to the basic structure of a well-ordered society.

What is Nozick's theory of justice?

According to Nozick, anyone who acquired what he has through these means is morally entitled to it. Thus the “entitlement” theory of justice states that the distribution of holdings in a society is just if (and only if) everyone in that society is entitled to what he has.

What are Rawls 2 principles of justice?

The First Principle ("basic liberties") holds priority over the Second Principle. The first part of the Second Principle ("fair equality of opportunity") holds priority over the second part (Difference Principle).

What is Nozick's view of distributive justice?

This gives us Nozick's entitlement theory of distributive justice: a distribution of wealth obtaining in a society as a whole is a just distribution if everyone in that society is entitled to what he has, i.e. has gotten his holdings in accordance with the principles of acquisition, transfer, and rectification.

What did Nozick believe in?

With respect to political philosophy, Nozick was a right-libertarian, which in short means he accepted the idea that individuals own themselves and have a right to private property.

What does Nozick mean by justice in acquisition?

Principles. Nozick's entitlement theory comprises three main principles: A principle of justice in acquisition – This principle deals with the initial acquisition of holdings. It is an account of how people first come to own unowned and natural world property, what types of things can be held, and so forth.

What is the meaning of justice in the context of Rawls?

For Rawls, justice is not arbitrary, prejudiced, or preferential. He feels that from the original position, or natural state of man, all members of society are equal. Justice, in this framework, finds itself concerned with the relative scarcity of goods and man’s propensity to prefer self-advantage. In practice, Rawls’ justice ensures that all ...

What is John Rawls' philosophy?

John Rawls’ liberal philosophy on laws and social institutions describes them as, in their nature, being justice seeking. He speaks of justice as a principle based on fairness, thus rejecting the utilitarian idea of the greater good. He goes on to define society as a closed system of persons with general agreement on a set ...

What is Robert Nozick's theory of distributive justice?

Robert Nozick’s libertarian, entitlement theory of distributive justice presents a radical departure from the more hypothetical ideas of John Rawls. It is a decidedly historical, practical approach to defining the role of justice. Nozick was an advocate for the minimal state. He would think that any state that takes on more than the defense ...

What is the veil of ignorance in the Law of Justice?

In practice, Rawls’ justice ensures that all members share the same freedoms and that holding advantageous office or position is a prospect open to all. From the springboard of the original position, he employs a hypothetical tool, the veil of ignorance. Rawls posits that the only way that persons can formulate laws that are fair is to be devoid ...

How to preserve justice in Nozick's eyes?

To preserve justice in Nozick’s eyes, one must look at the whole historical accounting of things. Nozick also discusses that there are patterns in distribution that can arise either justly, by following his principles regarding just holdings, or by the intentional impression of a distributive matrix by a state.

What is distributive justice?

It is the acquisition and transfer of goods that is the concern of his theory of distributive justice. He argues that if the principles of justice are observed when acquiring holdings, then the acquisition of the holding is just and entitled. For instance, if an item is unheld, and one acquires it, then it is a just acquisition.

Is a distribution of holdings other than a natural distribution that occurs by preserving justice in acquisition and transfer

The takeaway is that no distribution of holdings other than a natural distribution that occurs by preserving justice in acquisition and transfer can be just. Also, it follows, that any action by a state to redistribute holdings to which people have entitlement is an affront to personal liberty.

What is Robert Nozick's theory of justice?

Nozick’s Theory of Justice. Robert Nozick an American political philosopher was born in Brooklyn, New York in 1938. He died of stomach cancer in the year 2002. He introduced in his first book Anarchy, State, and Utopia (1974) “the entitlement theory of justice” and stated that every human being shall possess what they are entitled to.

Who is Jhon Rawls?

Jhon Rawls an American political philosopher was born in Baltimore, Maryland in the year 1921 and died in 2002. He wrote his book Political Liberalism (1993), The Law of Peoples (1999), and Justice ad Fairness (2001). Although the concept has been already discussed by other philosophers the original book of Justice as Fairness was reissued in 2005.

What is the veil of ignorance?

Veil of ignorance is a method of determining the morality of issues in which the decision-makers are completely clueless and they decide the law with a new conception. Rawls suggested the literal interpretation of a veil of ignorance should not be considered. The purpose of this theory was to promote fairness, equality, justice, morality, ...

What are the Nozick principles?

Nozick principles focused on basic fundamental rights of an individual (right to freedom, right to equality, right to speech, right to property, right to constitutional remedies, right against exploitation, right to freedom of religion, culture, and educational rights, etc).

What was Nozick's conclusion?

Conclusion. Nozick was not in favor of Rawls’s theory and stated that his theory resulted in inequality in human development. Rawls’s theory focused on interference with individual liberties against laws promoting public order and safety.

What is the purpose of the principle of justice?

The purpose of this theory was to promote fairness, equality, justice, morality, a good conscience, and social status. Rawls two principle of justice includes: The principle of greatest equal liberty. Principle of justice. People living in society frame the laws and the individuals are instructed to follow the same this concept is also known as ...

What is the most important demand for the rule of law?

The most important demand for the rule of law is that those who work the hardest have more rather than equal distribution. Entitlement theory lays down three principles: Justice in acquisition: A person who acquires a holding justly is entitled to that holding.

What is John Rawls' theory of justice?

In his famous work, A Theory of Justice, John Rawls argues that, as a consequence of his three principles of justice, people are not entitled to reap the benefits of their natural talents in such a way as does not benefit society at large, claiming that “inequalities of birth and natural endowment are deserved, ...

Why does Nozick reject Rawls' argument for the necessity of the principle of redress?

Nozick rejects Rawls’ argument for the necessity of the principle of redress because it is inherently not historical and therefore does not take into account factors Nozick argues are vital to consider.

What does Nozick argue about the theory of distribution?

In arguing that theories of distribution must be historical at the very least, if not unpatterned, Nozick undermines Rawls’ theory of distribution, especially the principle of redress, as it is fundamentally an end state theory.

Why are naturally advantaged not to gain?

The naturally advantaged are not to gain merely because they are more gifted, but only to cover the costs of training and education and for using their endowments in ways that help the less fortunate as well. No one deserves his greater natural capacity nor merits a more favorable starting place in society.

Do Rawls and Nozick disagree?

Rawls and Nozick fundamentally disagree in the historical vs end state theory debate and so it seems that they would eventually reach an impasse. As such, the debate goes on. Rawls, John.

Who is Robert Nozick?

Robert Nozick, a prominent American philosopher, objects to Rawls’ assertions about the entitlement of the naturally gifted to the benefits of their talents in his work Distributive Justice, published in the Journal of Philosophy and Public Affairs in 1973. He argues that there are three types of principals of justice: those concerning how things ...

Does one deserve his greater natural capacity?

No one deserves his greater natural capacity nor merits a more favorable starting place in society. But, of course, this is no reason to ignore, much less to eliminate these distinctions. Instead, the basic structure can be arranged so that these contingencies work for the good of the least fortunate.

On John Rawls vs Robert Nozick

A society is well-ordered when it is not only designed to advance the good of its members but when it is also effectively regulated by a public conception of justice.” — John Rawls (A Theory of Justice)

Principles of Justice

Rawls believed that those behind the veil of ignorance in the original position would agree to the “principles of justice”: (1) the principle of liberty, (2a) the principle of equality and opportunity, and (2b) the difference principle (which is to regulate inequalities within a given society.

Anarchy and the State

Nozick, on the other hand, presents a radical and distinctive position. He wrote Anarchy, State, and Utopia in response to Rawls’ A Theory of Justice. Although they disagree on many areas, they quite interestingly agree on some issues (but I will not get into the ways in which they do right now).

Rawls On Animal Rights

Rawls claims that human conduct towards non-human animals is not regulated by the principles of justice because only “moral persons” are “entitled to equal justice.” Essentially, by “moral persons,” Rawls refers to the ability to hold moral sentiments and one’s capacity to intelligibly navigate through moral dilemmas.

Nozick On Animal Rights

Nozick holds an entirely different position. In his words, “animals count for something.” And with this, I agree. For Nozick, animals’ feelings — their happiness and the like — count for something to be factored into how we treat them.

Protective Associations

Nozick describes individuals living within a state of nature, where the individual has the ability to “enforce his rights, defend himself, exact compensation, and punish.”

Moral Desert

Moral desert provides for an interesting analysis because both Rawls and Nozick are correct in their point of view (although I give the edge to Rawls). Mostly because, according to Rawls, natural assets are “morally arbitrary.” Nozick clearly disagrees with this. So let’s get into it.

Nozick’s Theory of Justice

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Robert Nozick an American political philosopher was born in Brooklyn, New York in 1938. He died of stomach cancer in the year 2002. He introduced in his first book Anarchy, State, and Utopia (1974) “the entitlement theory of justice” and stated that every human being shall possess what they are entitled to. Nozick said that every …
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Rawls’s Theory of Justice

  • Jhon Rawls an American political philosopher was born in Baltimore, Maryland in the year 1921 and died in 2002. He wrote his book Political Liberalism (1993), The Law of Peoples (1999), and Justice ad Fairness (2001). Although the concept has been already discussed by other philosophers the original book of Justice as Fairness was reissued in 2005. He introduced vario…
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Fuller’s Theory of Justice

  • Lon Luvois Fuller was a most popular American legal philosopher born on June 15, 1902, and died on April 8, 1978. He published his book named Morality of Law, 1964. Natural law is the law that transformed old law into a cosmopolitan system. Fuller stated that there is no connection between law and morality. He debated with prominent British legal philosopher H.L.A. Hart that t…
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Conclusion

  • Nozick was not in favor of Rawls’s theory and stated that his theory resulted in inequality in human development. Rawls’s theory focused on interference with individual liberties against laws promoting public order and safety. Nozick principles focused on basic fundamental rights of an individual (right to freedom, right to equality, right to speec...
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